Stephenson v Dowdell [1980] FCA 87

Stephenson v Dowdell [1980] FCA 87

The respondent, R.A. Dowdell, breached his fiduciary duty and the Federal Council's resolution of 24 March 1980 by publishing and distributing a News Sheet that advantaged some candidates and disadvantaged others, thereby failing to behave fairly and impartially as required by his office and Association rules.

Parties
Claimant: Keith William Stephenson; Claimant: John Andrew Masterson; Respondent: R.A. Dowdell; Respondent: R. Squires; Respondent: R. Herbert; Respondent: P.J. Jacobs; Respondent: G. Holland; Respondent: C. Lucas; Respondent: L. Carlson; Respondent: M. Marchant; Respondent: B. Carrad; Respondent: P. Markham; Respondent: C. Dunlop; Respondent: G. McGirr; Respondent: R. Eadie; Respondent: M. Terp
Jurisdiction
Australia
Judgment Date
19 June 1980
Procedural Posture
Application Under Conciliation and Arbitration Act, 1904 S.141 / Judgment and Order
Outcome
Order granted
Legal Topics
Duties of Officers of Organisations, Use of Resources in Elections, Fiduciary Duties, Breach of Council Resolutions
Industrial Law Duties of Officers of Organisations Use of Resources in Elections Fiduciary Duties Breach of Council Resolutions

Case Brief

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Parties

Keith William Stephenson

Claimant

John Andrew Masterson

Claimant

R.A. Dowdell

Respondent

R. Squires

Respondent

R. Herbert

Respondent

P.J. Jacobs

Respondent

G. Holland

Respondent

C. Lucas

Respondent

L. Carlson

Respondent

M. Marchant

Respondent

B. Carrad

Respondent

P. Markham

Respondent

C. Dunlop

Respondent

G. McGirr

Respondent

R. Eadie

Respondent

M. Terp

Respondent

Procedural Posture

Application Under Conciliation and Arbitration Act, 1904 S.141 / Judgment and Order

Legal Issues

  1. 1 Whether the Federal Secretary breached his fiduciary duty by issuing a News Sheet that advantaged certain members and disadvantaged others in an election
  2. 2 Whether issuing the News Sheet contravened the resolution of the Federal Council of 24 March 1980
  3. 3 Validity and effect of Council meeting resolutions affecting officer conduct during elections

Ratio Decidendi

The respondent, R.A. Dowdell, breached his fiduciary duty and the Federal Council's resolution of 24 March 1980 by publishing and distributing a News Sheet that advantaged some candidates and disadvantaged others, thereby failing to behave fairly and impartially as required by his office and Association rules.

Court Disposition

Order granted

Orders

  • The Respondent, R.A. Dowdell, must perform and observe the rules of the Flight Stewards Association of Australia by refraining from further publishing and distributing any News Sheets of the Association which contravene the resolution carried at a meeting of the Federal Council held in Sydney on 24 March 1980...